You've Been In A Car Accident - You Rights Regarding Tow Trucks

April 22, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

After a car accident, the immediate priority is ensuring everyone’s safety and getting medical attention if needed. Once that’s handled, you might find yourself in need of a tow truck to remove your vehicle from the scene. In Ontario, it’s important to understand your rights when dealing with towing companies to avoid unnecessary costs and complications. Here’s what you should know:

1. You Have the Right to Choose the Towing Company 

You’re not obligated to accept the first tow truck that arrives at the scene. In many cases, tow trucks may show up unsolicited — but you have the right to choose your own towing service. If you’re unsure, you can contact your insurance provider or roadside assistance service for a recommendation.

2. You Must Provide Consent 

In Ontario, tow truck operators are legally required to get your permission before towing your vehicle. This includes signing a consent form that outlines where your car will be taken and how much it will cost. If a tow truck operator tries to take your vehicle without your consent, you have the right to refuse.

3. Get a Detailed Estimate

Before any work begins, you’re entitled to a written estimate of the towing costs. This should include towing fees, storage fees (if applicable), and any other charges. Don’t sign anything unless you fully understand the breakdown of costs.

4. Know Where Your Vehicle Is Going

You have the right to decide where your vehicle is towed. This can be to a repair shop of your choice, your home, or a storage facility. Be cautious if the tow truck driver insists on taking your car to a specific location — especially if they don’t explain why. If you’re unsure, contacting your insurance provider for guidance can help avoid unnecessary storage fees.

5. Beware of Predatory Towing Practices

Unfortunately, some tow truck operators engage in questionable practices, such as charging inflated fees or refusing to release your vehicle until you pay large sums upfront. Ontario’s Consumer Protection Act and the Towing and Storage Safety and Enforcement Act (2021) are designed to prevent this. If you suspect you’re being overcharged or treated unfairly, you can report the incident to the Ontario Ministry of Transportation.

6. You Have the Right to an Itemized Invoice

Once the towing service is complete, you should receive an itemized invoice detailing all the charges. This helps ensure transparency and can assist with any insurance claims. If the bill seems excessive, you can dispute it.

7. Your Insurance Company Can Help

Most auto insurance policies in Ontario include coverage for towing after an accident. Before agreeing to a tow, it’s wise to contact your insurer to understand your coverage and confirm which services they recommend or cover. This can help avoid out-of-pocket expenses.

Final Thoughts 

Being informed about your rights when dealing with tow trucks after an accident can protect you from unnecessary stress and expenses. If you ever feel pressured or uncertain, remember that you’re entitled to ask questions, decline services, and contact your insurance provider for guidance.

At Deutschmann De Koning Law, we understand that a car accident is a difficult experience — and dealing with tow trucks shouldn’t make it worse. If you’ve been involved in an accident and need legal advice, our team is here to help you navigate the process and protect your rights.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.